Parker, Admr. v. Smith

On November 9, 1925, plaintiff’s intestate was struck by an automobile owned and operated by defendant, and received injuries from which he died thirteen days later. The action is predicated upon the alleged negligence of defendant in operating such automobile. The only question for review is whether the evidence made a case for the jury on the issue of deceased’s contributory negligence, which is raised by exception to the denial of defendant’s motion for a directed verdict.

Contributory negligence, like negligence, is ordinarily a question for the jury, where the law has settled no rule of…